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Scott v. Novartis Pharmaceuticals Corporation et al

REPLY BRIEF re MOTION to Strike 105 Deposition,,,,,,, 106 Deposition,, 104 Notice

28 Cited authorities

  1. Argo v. Blue Cross and Blue Shield of Kansas

    452 F.3d 1193 (10th Cir. 2006)   Cited 1,160 times   1 Legal Analyses
    Holding a plaintiff alleging reverse discrimination must present evidence that supports an inference the defendant "is one of those unusual employers who discriminates against the majority."

  2. Equity Lifestyle v. Florida Mowing

    556 F.3d 1232 (11th Cir. 2009)   Cited 936 times
    Holding that invoices based upon a foreman's daily reports were admissible as business records

  3. Reese v. Herbert

    527 F.3d 1253 (11th Cir. 2008)   Cited 946 times
    Holding that the district court acted within its discretion in denying a motion for leave to amend because the motion was filed nearly seven weeks after the close of discovery and would have unduly prejudiced the defendants

  4. Fils v. City of Aventura

    647 F.3d 1272 (11th Cir. 2011)   Cited 437 times   1 Legal Analyses
    Holding that officers should have known that tasering a suspect who "committed at most a minor offense; did not resist arrest; did not threaten anyone" violated the Fourth Amendment

  5. Leigh v. Warner Brothers, Inc.

    212 F.3d 1210 (11th Cir. 2000)   Cited 525 times
    Holding that an affidavit that contains a brief conclusory assertion without supporting facts has no probative value

  6. Goforth v. Owens

    766 F.2d 1533 (11th Cir. 1985)   Cited 840 times
    Holding that dismissal is warranted upon a "clear record of delay or willful contempt and a finding that lesser sanctions would not suffice"

  7. Young v. City of Palm Bay

    358 F.3d 859 (11th Cir. 2004)   Cited 426 times
    Holding that the district court did not abuse its discretion by denying a request for a fifth extension to respond to a summary judgment motion and by refusing to consider the untimely responses to defendants' motions for summary judgment

  8. Carr v. Tatangelo

    338 F.3d 1259 (11th Cir. 2003)   Cited 276 times   1 Legal Analyses
    Holding that the suspect was seized under the Fourth Amendment when he was struck by a police bullet, though he was still able to run across the street and take refuge in his home

  9. Federal Trade Commi. v. Leshin

    618 F.3d 1221 (11th Cir. 2010)   Cited 73 times
    Upholding "a contempt sanction that required disgorgement of gross receipts" based on McGregor

  10. Bute v. Schuller International Inc.

    998 F. Supp. 1473 (N.D. Ga. 1998)   Cited 93 times
    Finding unaddressed claim abandoned

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 348,416 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,994 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Rule 16 - Pretrial Conferences; Scheduling; Management

    Fed. R. Civ. P. 16   Cited 34,088 times   51 Legal Analyses
    Adopting the sanctions authorized by Rule 37(b)

  14. Section 1746 - Unsworn declarations under penalty of perjury

    28 U.S.C. § 1746   Cited 10,098 times   17 Legal Analyses
    Permitting the use of declarations instead

  15. Rule 103 - Rulings on Evidence

    Fed. R. Evid. 103   Cited 3,441 times   18 Legal Analyses
    Holding that once a court makes a definitive ruling on the record to either admit or exclude evidence, at or before trial, a party need not renew an objection at trial to preserve any alleged error for appeal